The Supreme Court reportedly has
dismissed the remaining three charges bordering on false asset
declaration against Senate President Bukola Saraki in a case before
the Code of Conduct Tribunal.
Delivering judgment on Friday, a five-man panel
of the court, led by Justice Dattijo Muhammad all upheld Saraki’s
appeal, dismissing the remaining three counts against him and
declaring the evidence led by the prosecution as hearsay.
According to Naija News, in June last
year, the Code of Conduct Tribunal, under the leadership of Danladi
Umar, dismissed the entire 18 counts preferred against the Senate
President.
The federal government however, not
satisfied by the ruling, approached the Court of Appeal in Abuja
which in its ruling on December 12, 2017, restored three out of the
dismissed 18 counts and ordered Saraki to return to the CCT to defend
the three charges.
Saraki, also in turn, appealed to the
Supreme Court against the part of the Court of Appeal’s decision
restoring three of the 18 counts, with the Federal Government
cross-appealing against the part of the decision affirming the
tribunal’s dismissal of the rest of the 15 counts.
However, in its lead judgment on
Friday, Justice Centus Nweze upheld Saraki’s appeal and dismissed
the Federal Government’s appeal.
Justice Nweze agreed with the CCT that
the evidence led by the prosecution at the tribunal was entirely
baseless.
Ruling further, he held that the Court
of Appeal was wrong to have restored three out the 18 counts earlier
dismissed by the CCT when it agreed that the evidence led by the
prosecution was hearsay but went ahead to isolate three of the counts
as having been proved.
A part of the Court of Appeal’s
judgment where it held that “the prosecution failed to call those
who have direct knowledge of the facts sought to be proved, to
testify,” was quoted by Justice Nweze.
He said the decision of the Court of
Appeal’s to restore three of the counts based on the evidence it
had declared as hearsay, was “equivalent to judicial equivalent of
a forensic somersault”.
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